News & Analysis as of

Damages Breach of Contract State and Local Government

Allen Matkins

Nevada Supreme Court: Judge, Not Jury, Decides Unambiguous Contract

Allen Matkins on

In 2011, a local water district in Nevada entered into a lease agreement with Paradise Canyon, LLC to provide shares of water for irrigating the Wolf Creek Golf Club.   The lease agreement granted Paradise Canyon a right of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Fox Rothschild LLP

Franchising Beyond State Lines: Minnesota Expands Franchise Act Reach

Fox Rothschild LLP on

While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more

Brownstein Hyatt Farber Schreck

City’s Termination for Convenience Found in Breach of Contract

A recent Tenth Circuit ruling in an appeal successfully defended by Brownstein Hyatt Farber Schreck affirmed a lower court judgment arising from a termination for convenience. This decision serves as support to contractors...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

Perkins Coie on

An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Bradley Arant Boult Cummings LLP

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

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